There are the fetus of pregnant women inmates and infants under 18 months old who were born to the inmates in the correctional facilities. Despite their own innocence, they are forced to live in correctional facilities due to their parents' crimes. Also, there are young children of inmates left behind in society. This study is aimed at improving correctional treatment to support the inmate’s child rearing so that they can grow up in a better environment without being alienated from society. For this purpose, we examined in detail the laws, policies, current situations and foreign cases related to the treatment of pregnant inmates, infants under 18 months old and their mother inmates in correctional facilities, and inmates who are parents of children under 12 years of age.
We looked at the legal system that considers raising children of Korean inmates. At present, the domestic rules and regulations concerning the custody of children of inmates are provided in the Administration and Treatment of Correctional Institution Inmates Act, its Enforcement Decree and Enforcement Rule, in Korea. Guidelines for the Support of Inmates' Social Return are provided as well.
On the other hand, international agreements related to children of incarcerated women include the UN Standard Minimum Rules for the Treatment of Prisoners(Nelson Mandela Rules), UN Rules for the Treatment of Women Prisoners and Non-Custodial Sanctions for Women Offenders(the Bangkok Rules), UN Convention on the Rights of the Child, and the Recommendation CM/Rec(2018)5 of the Committee of Ministers to member states concerning children with imprisoned parents.
In this study we have conducted a survey and in-depth interview with inmates to get a better picture of the situation. This study indicates that the children of the survey respondents were in a parenting environment that lacked the presence or stability of the care giver. Half of the inmates' children were raised in families where their parents were not legally married. In many cases a single parent raises a child, and it was evident that the number of households where grandparents take on the role of parents is increasing. And it turns out that many of inmates' families are poor, and nearly 20 percent of them were the poorest families supported by the state. Also, the majority of inmates' children had lived with their parents before parent’s incarceration, with some children being present at the moment their parents were taken into police custody. In particular, more than 70 percent of the children of inmates were unaware of their parents' detention, and most of the incarcerated parents did not want their children to know about it in the future.
For comparative legal study, we looked at the current situation of supporting for pregnant inmates, nursing infants and inmates' children in correctional facilities in the United States and the United Kingdom, Germany, Japan and Taiwan, and there were some points we could refer to. The Untied States has been working on establishing laws to support pregnant women in correctional facilities, including data analysis on pregnant inmates and a ban on the use of restraints on them. Using the Doula system, institutions in the United States support female inmates before and after pregnancy, and provide maternal and caring training. The United Kingdom supports pregnant inmates and their babies through “Birth Companions” and has set up and operated mother-baby units at correctional facilities. Germany treats pregnant inmates equal to ordinary pregnant citizens with its federal and state laws. In addition, german correctional facilities also operate mom-child home and hire nursing teachers. Caritas association of Germany also has an online counseling web site for inmates’ families and children. Japan currently operates a number of women specialized correctional facilities. Japan began to entrust the children of inmates to child care facilities of each local government since the 2000s, when overcrowding became a problem. There are several women prisons in Taiwan, and separate facilities such as infant shelters, nursery rooms and outdoor playgrounds. Also, nursing teachers for inmates' children are assigned as many as the number of infants. In particular, infants of inmates aged 2 and up are allowed to commute to an outside nursery.
Based on these findings, we propose the suggestion to improve treatment for supporting the inmate’s child rearing.
First, it is advised to supply sufficient nutrition for pregnant inmates, expand cooling and hot water baths, improve the living room environment, operate the maternal and caring training and prepare related guidelines. Second, for inmates’ infants care in correctional facilities, construction of additional women's prisons and child care facilities by local correctional offices are proposed. To improve the living room environment for infants in prison, expanding the purchase of essential items on inmate’s own account for infant care and operating the infant care program are necessary. Third, to support the children of inmates left in society, when their parents are arrested, children should be treated delicately to reduce shock. Also, providing entrusted facilities, information for inmates' children, more possibilities for the family ties, improving their meeting condition such as family access and Smart visitation(Remote Inmate Visitation using a smartphone), and supporting the role of parents are advised. Fourth, as an alternative criminal policy, pregnant inmates and inmates with children underage could be placed in close range correctional facilities. And Leave for Childcare could be another option. Fifth, minimizing detention for pregnant or defendant with young children is proposed. Trial without detention, weekend detention, weekday detention, and home detention are also suggested.

Key words: Correctional Treatment, the Inmate’s Child, Pregnant Inmate, Inmates with Child, Woman Inmates, Women's Prison.